sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
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aachoo
08-21 04:12 AM
Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!
Sorry not sure you will find advice or support here- This is a LEGAL immigration site.
-a
Sorry not sure you will find advice or support here- This is a LEGAL immigration site.
-a
seemashah
02-21 05:29 PM
usually a CPA can give an audited report ...or the bank auditors can
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
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Mogus
09-25 10:38 AM
I have a valid H1-B visa till November 2011from Company A. I joined Company B in July 2009. I have got my Company B approval notice I-797 from USICS.
Due to my fathers health I'm travelling to Pakistan in October for a one week vacation. I have my approval notice from Company B and the visa transfer is done. My new approval notice is till June 2012.
My question is do I have to go for stamping when I go to Pakistan because I changed companies even though I have a valid visa from my previous company and an approval notice from my current company?
I will highly appreciate your Quick help in this regards.
Thank you very much.
Due to my fathers health I'm travelling to Pakistan in October for a one week vacation. I have my approval notice from Company B and the visa transfer is done. My new approval notice is till June 2012.
My question is do I have to go for stamping when I go to Pakistan because I changed companies even though I have a valid visa from my previous company and an approval notice from my current company?
I will highly appreciate your Quick help in this regards.
Thank you very much.
more...
viper673
07-24 02:55 PM
PD has nothing to do with EAD processing. They're not linked.
fide_champ
03-21 05:47 PM
I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
more...
ramhs
02-20 12:50 AM
Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
Can we send the application early, like one week in advance ?
Can we send the application early, like one week in advance ?
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Chiwere
12-19 04:25 PM
I am actually looking to sell mine - prospects of a layoff and not even 140 in sight.
if not sell foreclosure++;
if not sell foreclosure++;
more...
Blog Feeds
07-27 03:40 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
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caydee
07-01 07:35 PM
for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
Why 2 checks for I-485? My attorney advised 1 check for $395! And I was asked to issue the check favouring U.S. Citizenship and Immigration Service.
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
Why 2 checks for I-485? My attorney advised 1 check for $395! And I was asked to issue the check favouring U.S. Citizenship and Immigration Service.
more...
dealsnet
11-25 04:05 PM
What is your qualification?
Masters or Bachelor with 5 years of experience?
It may be safer to apply EB3 than EB2, if you don't have a strong case.
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
Masters or Bachelor with 5 years of experience?
It may be safer to apply EB3 than EB2, if you don't have a strong case.
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
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howzatt
08-08 11:56 AM
comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?
Please stop this. Please do your best to reduce clutter on the site.
Also, shameless bump
Please stop this. Please do your best to reduce clutter on the site.
Also, shameless bump
more...
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sandeeps92049
08-07 12:44 AM
Hi,
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
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pa_arora
11-07 07:25 PM
That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.
How can India get more than its quota ie 9% per country limit??
BTW, What is "soft quota"?
How can India get more than its quota ie 9% per country limit??
BTW, What is "soft quota"?
more...
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krishmunn
05-03 10:45 AM
You do need an H1 amendment. Had you applied for an LCA prior to starting your work in the new location, an amendend H1 would not have been required. But since you have already started working, you will need a new LCA and a new H1
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Tshelar
08-26 11:54 AM
Hi
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
If you'll have a valid visa stamped on your passport then you guys have no issue on traveling outside U.S. Please do carry your 485 receipt notice while traveling.
If you do not have a valid visa stamped then you should wait till get your AP and then travel on AP.
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
If you'll have a valid visa stamped on your passport then you guys have no issue on traveling outside U.S. Please do carry your 485 receipt notice while traveling.
If you do not have a valid visa stamped then you should wait till get your AP and then travel on AP.
more...
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gc_chahiye
10-03 12:29 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
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pragir
07-19 10:30 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Check with a lawyer before you do anything.
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apriti
10-04 12:11 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
contact.vr
12-01 12:01 AM
I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
herns
03-20 12:36 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.
Do it yourself and save money!
Disclaimer: Iam not a lawyer and THis is not a legal advice.
I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.
Do it yourself and save money!
Disclaimer: Iam not a lawyer and THis is not a legal advice.
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